Shareholder, Director and Partnership Disputes

Shareholder, Director and Partnership Disputes

Bennett & Philp Lawyers has a substantial practice in resolving business partnership disputes. We provide cost-effictive solutions for businesses of all sizes.

Whether your business has been structured as a partnership, a company, a trust or a combination of these, our Litigation Team has the experience and skills to resolve your business dispute so that the business can continue and the stakeholders achieve their goals.

While the law can be complex and differ depending on the structure used to run the business, in our experience, the essential issues that need to be resolved are as follows:

  • Can the business dispute be resolved amicably?
  • If it can’t, can the business be separated to allow each party to go their own way?
  • If it can’t be separated, can the other parties buy the other party out or alternatively, can the whole business be put up for sale and the proceeds be divided equitably between the parties?
  • Should none of the above options be able to be carried out amicably, then a court application will be required to wind up the business or have independent people appointed to sell and wind up the business.

This area of law is prone to personality disputes which can significantly increase the cost to all parties concerned in trying to resolve the dispute. We pay special attention in ensuring that all advice is commercially driven by making sure we understand your business and personal needs. By keeping a focus on the business issues we are able to keep the legal costs that could be incurred by all parties to such a dispute to a minimum.

While we are able to carry out any necessary court applications to appoint receivers over the various businesses or issue proceedings against your other business partners, generally we are able to resolve all of these disputes between the parties through negotiation and/or mediation.

In the matters we have been involved in we have always been able to reach a successful conclusion without the necessity of a court trial and, in most occasions, we have been able to have a finalised settlement deed prepared between the parties without requiring court appearances or court proceedings.

If you are being sued by a business partner we have also had significant success in ensuring the court proceedings do not proceed much further and the matters are resolved. via a settlement deed, as soon as practicable between the parties.

If you would like more information about our services, please call us today on +61 7 3001 2999.